EISA PRE-ELECTION ASSESSMENT MISSION SEYCHELLES PRESIDENTIAL ELECTION REPORT 09-14 December 2015 Page 1 of 20 Table of Contents Page 2 of 20 LIST OF ABBREVIATIONS Page 3 of 20 HISTORICAL BACKGROUND AND POLITICAL CONTEXT The Seychelles islands were occupied by France in the 18th century, and the French brought in African slaves. Britain took over from France in the early 19th century, and ruled the territory until the Seychelles became a independent in 1976. In 1960s, two main political movements were created: the Seychelles People's United Party (SPUP), which would later become the Seychelles People's Progressive Front (SPPF), led by France-Albert René, advocated for independence from Britain, and the Seychelles Democratic Party (SDP), led by James Mancham, which represented the interests of the business and land-owner class, wanted close ties to Britain. Britain introduced elections in 1966 that the SDP won. A new Constitution came into force after the 1970 elections, which the SDP won again as well as in 1974. Britain agreed to concede independence within the Commonwealth on 29 June 1976, and James Mancham became President, with France-Albert René as Prime Minister. A military coup d'état deposed James Mancham on 5 June 5 1977, and as a result France-Albert René became President. The Seychelles became a one-party state, under the rule of the Seychelles People's Progressive Front (SPPF). For 15 years, the Seychelles was a socialist welfare state, with close ties to the Soviet bloc. After the fall of the Soviet Union, the SPPF decided to re-introduce multi-party politics with the approval of a new Constitution in 1991. A transition process began with the election of a Constitutional assembly in 1992, in which eight political parties participated, including former President James Mancham’s Democratic Party (DP). The SPPF obtained 14 seats and the DP 8 in the constitutional assembly. A referendum in 1993 approved a new consensual Constitution. Later that year, the first multiparty presidential and legislative elections were held under the new Constitution, with three political groups contesting: the SPPF, the DP, and the United Opposition (UO), a coalition of three smaller political parties. President René and his SPPF party won the elections by a comfortable margin. All parties and international observer groups declared the elections as free and fair. President René and the SPPF won the two subsequent elections. In the meantime, the newly created Seychelles National Party (SNP) became the main opposition party after the 2002 elections, and President René handed over power to his vice- president, James Michel, in 2004, halfway through his last constitutional mandate, after 27 years in power. In the meantime, the 1993 Constitution was amended several times in 1994, 1995, 1996 and 2000. James Michel went on to win the 2006 and 2011 elections against the SNP leader, Wavel Ramkalawan. In 2009, the SPPF was renamed Parti Lepep (People’s party). Seychelles politics became a two-party contest between the SPPF/Lepep and the SNP. However, the SNP boycotted the 2011 legislative elections in protest against lack of reforms to the electoral laws, as proposed in 2010 by a Constitutional Reform Commission. The proposed electoral reforms included the establishment of an independent electoral commission to replace the one-member Electoral Commissioner post. Some SNP members did not agree with the boycott, and left the Page 4 of 20 party to create the Popular Democratic Movement (PDM), which won one seat in the National Assembly, making its leader, David Pierre, the sole opposition MP and Leader of the Official Opposition. Soon after the 2011 elections, an Electoral Commission was appointed and a Forum for Electoral Reform, initiated a public auscultation process with a view to making recommendations on reform of electoral legislation. This led to the amendment of the Electoral Act in 2014, the amendment and repeal of the Public Order Act in 2015, and the approval of the new Public Assemblies Act. As a result, the SNP accepted to re-enter electoral politics. The socialist welfare state, which survived the transition to multiparty democracy thanks to the maintenance in power of the SPPF/Lepep, ended up creating a financial crisis in the country in the 2000s, and the government was forced to resort to the IMF and to implement a structural adjustment programme in 2007 to re- balance public finances. Today, the Seychelles is a high-income country, with a GDP per capita of US$16,000, but with growing income inequalities among its population. The upcoming election was originally expected to take place in 2016, but President James Michel, using his constitutional prerogative, brought the election forward to 2015 in what is interpreted by many analysts as a move to limit the time for the opposition to prepare for the contest. The 2015 presidential election will be the most competitive in the history of multi- party elections in the Seychelles. It will have the highest number of candidates ever, and one of them is a former senior leader in the ruling Lepep party. In 2015, a group of senior members of the ruling party left Lepep to create the Lalyans Seselwa party, claiming that Lepep’s current policies are betraying the party’s traditional values of social justice. The emergence of Lalyans Seselwa and the return of the SNP to electoral politics have led most observers of Seychelles politics to consider the possibility of a run-off for the first time. Lepep party officials have pointed to the gains obtained from the economic reforms undertaken in the past seven years as strong argument for a good performance by their candidate in the upcoming elections. Conversely, opposition parties point to growing economic inequalities, and the desire by younger voters for change after almost 40 years of SPUP/SPPF/Lepep government and two mandates by President James Michel as the main factors for their potential victory. Opposition parties also complain about the lack of level playing field, as a result of an entrenched and widespread patronage system controlled by the government. Table 1: Election results in the Seychelles 1993 – 2011 Presidential Election Results Turnout Legislative Election Results Turnout Seats 1993 86.5 1993 86.5 France Albert René 59.5 SPPF 57.5 27 James Mancham 36.7 DP 32.8 5 Philippe Boulé 3.8 UO 9.7 1 Page 5 of 20 1998 86.7 1998 86.7 France Albert René 66.7 SPPF 61.7 30 Philippe Boulé 19.5 UO 26 3 James Mancham 13.8 DP 12 1 2001 85.3 2002 85 France Albert René 54.2 SPPF 54.27 23 Wavel Ramkalawan 44.9 SNP 42.59 11 Philippe Boulé 0.9 DP 3.1 0 2006 88.7 2007 85.9 James Michel 53.7 SPPF 56.76 23 Wavel Ramkalawan 45.7 SNP 43.43 11 Philippe Boulé 0.56 2011 85.3 2011 74.3 James Michel 55.46 Lepep 88.56 31 Wavel Ramkalawan 41.4 PDM 10.89 1 Philippe Boulé 1.66 Ralph Volcere 1.45 1. ELECTORAL FRAMEWORK 2.1 The constitutional and legal framework The Constitution and the Electoral Law The 2015 presidential election in Seychelles is governed by a constitutional, legal and regulatory framework comprised of the Constitution of the Republic of Seychelles, June 18, 1993 (amended in 1995, 1996 and 2000); Elections Act, 17 of 1995 as amended; Political Parties (Registration and Regulation) Act, 1991, as amended in 1995 and 1996; the Public Assembly Act 2015; and the Code of Conduct for Political Parties, Candidates and Other Stakeholders. The Elections Act of 1995 regulates the registration of voters, the organization of presidential and National Assembly elections, and referendums. The Political Parties Act establishes the Electoral Commissioner as the registrar of political parties, with responsibility for maintaining a register of political parties, allocating public funds to parties and reporting to the National Assembly accordingly. The Public Assembly Act deals with control of public gatherings, which also include political party public meetings and rallies. The Act is based on recommendations of the Electoral Commission and it came into being after the Constitutional Court declared most sections of the Public Order Act 2013 unconstitutional in July 2015 following a court action by political parties Seychelles National Party (SNP), the Page 6 of 20 Seychelles United Party (SUP), civil society organisation Citizens Democracy Watch Seychelles and citizen Viral Dhanjee. All legislation relating to elections was reviewed, and the Electoral Commissioner submitted its first set of recommendations on section 3 of the Public Order Act to the president in 2012. Recommendations on the other statutes were forwarded to the government in 2013. The major aim of the recommendations was to strengthen the democratic process governing elections in Seychelles. The main areas proposed for reform included: Enacting new laws that enable citizens to exercise their right to assemble peacefully in public places, as opposed to having to seek police permission for such assemblies; The institutionalization of a regular voters’ census to ensure an accurate voter register at all times; The streamlining of the nomination procedures for candidates for elections; Setting limits on and control of campaign financing; Obligatory disclosure of sources of campaign funding; Streamlining procedures for the registration of political parties; and Reviewing the basis for financial support to political parties and the public disclosure of political party financing. Fundamental civil liberties and human rights are guaranteed by the Constitution. Under Chapter III of the Constitution, Citizens of Seychelles are entitled to freedom of expression, freedom of assembly and association, freedom of movement, the right to equal protection of the law and the right not be discriminated against on the basis of race, origins, gender, and political opinions.